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Hello, my name is Brandan Davies and I’m a criminal defense lawyer based out of Overland Park, Kansas. In this video I am going to talk about appealing an administrative suspension based on a DUI. If a person makes it this far they have already been arrested for a DUI, have already received their DC-27, have appropriately filed their administrative hearing request, they have conducted the hearing and the suspension on their license has been affirmed. In other words, the person’s license is suspended based on the DUI and they are looking to their lawyer as what to do now. They need to keep their driver’s license and want to contest the fact that they are going to lose their driver’s license. After the hearing or after a decision has been made on the administrative action on your license, you have 14 days to request an appeal or to appeal the case. In other words, take it out of the administrative officer’s hands and take it to the district court. The appeal is accomplished by filing a notice with the district court by filing a Petition to Appeal the Administrative Suspension and beginning the process of the civil case in the district court. The administrative appeal is slightly different than the administrative hearing. At the administrative hearing you are only represented by your own lawyer. There is no other lawyer present. There is no prosecuting attorney acting on behalf of the state or no other side to it. It is just you, the administrative hearing officer, and the police officer. At the appeals level, or after you have appealed that administrative hearing, then the Kansas Department of Revenue assigns a lawyer to work on their side of the case. That lawyer will be tasked with responding to your petition, will be tasked with providing any discovery in your case, and essentially fighting on the state’s behalf to uphold the suspension. Appeals on an administrative hearing can be a very technical area of the law. If you have questions about an administrative appeal or a license appeal, you need to sit down with an experienced criminal defense lawyer who has been through this process and can help guide you throughout the process and get you the best possible result. If you have any questions about administrative appeals, feel free to contact my office.
